# C_2008165EN.01001401.xml

| 28.6.2008 | EN | Official Journal of the European Union | C 165/14 |
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28.6.2008

EN

Official Journal of the European Union

C 165/14

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Prior notification of a concentration

(Case COMP/M.5153 — Arsenal/DSP)

(Text with EEA relevance)

(2008/C 165/08)

| 1. | On 17 June 2008, the Commission received a notification of a proposed concentration following a referral pursuant to Article 22(1) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Arsenal Capital Partners (‘Arsenal’, USA) via Arsenal Capital Partners QPII (‘ACP QPII’) and DAC Acquisition BV acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking DSM Special Products BV (‘DSP’ the Netherlands) belonging to the Royal DSM NV (‘DSM’, the Netherlands) by way of purchase of shares. |
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1.

On 17 June 2008, the Commission received a notification of a proposed concentration following a referral pursuant to Article 22(1) of Council Regulation (EC) No 139/2004 (1) by which the undertaking Arsenal Capital Partners (‘Arsenal’, USA) via Arsenal Capital Partners QPII (‘ACP QPII’) and DAC Acquisition BV acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking DSM Special Products BV (‘DSP’ the Netherlands) belonging to the Royal DSM NV (‘DSM’, the Netherlands) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:






  — | for undertaking Arsenal: private equity firm, active via its portfolio company, Velsicol, in the manufacture and supply of benzoic acid, sodium benzoate, benzoate plasticisers, |
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2.

The business activities of the undertakings concerned are:

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for undertaking Arsenal: private equity firm, active via its portfolio company, Velsicol, in the manufacture and supply of benzoic acid, sodium benzoate, benzoate plasticisers,

| — | for undertaking DSM: manufacture and supply of toluene based products, including benzoic acid, sodium benzoate. |
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for undertaking DSM: manufacture and supply of toluene based products, including benzoic acid, sodium benzoate.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5153 — Arsenal/DSP, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5153 — Arsenal/DSP, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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